July 1, 2026
Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on July 1, 2026
Ken Horntvedt opened the meeting at 7:00 pm with the following members present: Ken Horntvedt, Marshall Nelson, Wes Johnson, Dave Marhula, Tom Mio, Tim Nordlof and Nancy Dunnell. Others present were Land and Water Planning Director Josh Stromlund.
Introductions of Board of Adjustments/Planning Commission members took place. Approval of the Agenda: Mio/Marhula. All in favor.
Approval of Meeting Minutes: June 3, 2026 – Motion to approve – Marhula/Mio. All in favor. Conflict of Interest Disclosure: Mio and Horntvet for Slick CUP
Board of Adjustment – New Business
– Consideration of Variance #26-01V by Steven and Cathleen Wehman: Government Lot Nine (9), Section Thirteen (13), Township One Hundred Sixty one (161) North, Range Thirty-two (32) West of the Fifth Principal Meridian, Lake of the Woods County, Minnesota – Parcel ID #23.13.31.000. Applicant is requesting a variance from Section 503.6 of the Lake of the Woods County Zoning Ordinance and 5.11 of the Lake of the Woods County Subsurface Sewage Treatment System Ordinance to allow the replacement of septic system
components that will not meet the required one hundred (100) foot setback from Wabanica Creek. The Wabanica Creek is a Tributary River Segment.
Steve and Kathy were in attendance and discussed their need for a replacement septic system and how the home was built that doesn’t allow for a replacement grinder ejector tank to be a minimum of 100’ from Wabanica Creek. Approximate distance to a grinder ejector pump will be 65’. The group then moved to the finding of facts.
Name of Applicant: Steven and Cathleen Wehman Date: July 1, 2026 Parcel #: 23.13.31.000 Variance Application #: 26-01V
A variance may be granted only where the strict enforcement of county zoning controls will result in a practical difficulty. A determination that a “practical difficulty” exists is based upon consideration of the following criteria:
1. Is the variance in harmony with the general purpose and intent of the Lake of the Woods County Comprehensive Plan and Zoning Ordinance?
YES (X) NO ( ) and Why or why not? Upgrade of septic system.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control?
YES (X) NO ( ) and Why or why not? Rural residential.
3. Is the practical difficulty due to circumstances unique to this property? YES (X) NO ( ) and Why or why not? House construction and location next to Wabanica Creek.
4. Is the need for the variance created by actions other than the landowner? YES (X) NO ( ) and Why or why not? Current septic failing and location.
5. Will granting the variance not alter the essential character of the locality? YES (X) NO ( ) and Why or why not? Remain the same.
6. Does the practical difficulty involve more than economic considerations? YES (X) NO ( ) and Why or why not? Septic failure and location.
Condition(s): None.
IF ALL OF THE ANSWERS ARE “YES”, THE CRITERIA FOR GRANTING THE VARIANCE HAVE BEEN MET.
Facts supporting the answer to each question above are hereby certified to be the Findings of the Board of Adjustment. This is in accordance with Section 1103 of the Lake of the Woods County Zoning Ordinance.
APPROVED (X) APPROVED w/ CONDITIONS ( ) DENIED ( ) Motion to approve by Mio, seconded by Nelson. All in favor.
– Consideration of Variance #26-02V by Specialty Concrete, LLC (David Nelson): The SE¼SW¼, Section Twenty (20), Township One Hundred Fifty eight (158) North, Range Thirty-one (31) West – Parcel ID #43.20.34.000. Applicant is requesting a variance from Section 503.4 of the Lake of the Woods County Zoning Ordinance to allow the replacement of a structure that will not meet the required one hundred fifty (150) foot setback from the South Branch of the Rapid River. The South Branch of the Rapid River is a Forested River Segment.
David and Heather were in attendance and discussed their need to build a new cabin in an existing clearing that doesn’t meet current required setbacks from the Rapid River. They want to
utilize the original area that used to have a mobile home on it even closer to the river than their proposed cabin. The group then moved to the finding of facts.
Name of Applicant: Specialty Concrete, LLC (David Nelson) Date: July 1, 2026 Parcel #: 43.20.34.000 Variance Application #: 26-02V
A variance may be granted only where the strict enforcement of county zoning controls will result in a practical difficulty. A determination that a “practical difficulty” exists is based upon consideration of the following criteria:
2. Is the variance in harmony with the general purpose and intent of the Lake of the Woods County Comprehensive Plan and Zoning Ordinance?
YES (X) NO ( ) and Why or why not? Rural Residential. New construction from existing footprint. Elevation consideration.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control?
YES (X) NO ( ) and Why or why not? Rural residential.
5. Is the practical difficulty due to circumstances unique to this property?
YES (X) NO ( ) and Why or why not? Limited area and elevation.
6. Is the need for the variance created by actions other than the landowner? YES (X) NO ( ) and Why or why not? Location.
5. Will granting the variance not alter the essential character of the locality? YES (X) NO ( ) and Why or why not? No change.
6. Does the practical difficulty involve more than economic considerations? YES (X) NO ( ) and Why or why not? Location and limited area.
Condition(s): None.
IF ALL OF THE ANSWERS ARE “YES”, THE CRITERIA FOR GRANTING THE VARIANCE HAVE BEEN MET.
Facts supporting the answer to each question above are hereby certified to be the Findings of the Board of Adjustment. This is in accordance with Section 1103 of the Lake of the Woods County Zoning Ordinance.
APPROVED (X) APPROVED w/ CONDITIONS ( ) DENIED ( ) Motion to approve by Marhula, seconded by Dunnell. All in favor.
– Consideration of Variance #26-03V Dennis Johnson: The NW¼SE¼; S½SE¼, Section Ten (10), Township One Hundred Sixty-one (161) North, Range Thirty four (34) West – Parcel ID #21.10.32.000. Applicant is requesting a variance from Section 801.5 of the Lake of the Woods County Zoning Ordinance and Sections 5.6 and 5.8 of the Lake of the Woods Subsurface Sewage Treatment System Ordinance, to allow the applicant to install a holding tank for a seasonal cabin with a pressurized water system. This is a non-shoreland property and is zoned as a Rural Residential District (R2).
Dennis Johnson was in attendance and explained his plans for the existing cabin to add water to the structure via a sand point well. There are existing holding tanks already installed. Time spent on the property is typically less than one week a year. The group moved on to the findings of fact.
Name of Applicant: Dennis Johnson Date: July 1, 2026 Parcel #: 21.10.32.000 Variance Application #: 26-03V
A variance may be granted only where the strict enforcement of county zoning controls will result in a practical difficulty. A determination that a “practical difficulty” exists is based upon consideration of the following criteria:
3. Is the variance in harmony with the general purpose and intent of the Lake of the Woods County Comprehensive Plan and Zoning Ordinance?
YES (X) NO ( ) and Why or why not? Seasonal/Recreational.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control?
YES (X) NO ( ) and Why or why not? No change.
7. Is the practical difficulty due to circumstances unique to this property? YES (X) NO ( ) and Why or why not? Location and lack of power.
8. Is the need for the variance created by actions other than the landowner? YES (X) NO ( ) and Why or why not? Location.
5. Will granting the variance not alter the essential character of the locality? YES (X) NO ( ) and Why or why not? No change.
6. Does the practical difficulty involve more than economic considerations? YES (X) NO ( ) and Why or why not? No power and location.
Condition(s):
1. Variance ceases upon sale or transfer of property.
2. Sewage pumping contract to be applied for with a certified sewage pumping contractor.
IF ALL OF THE ANSWERS ARE “YES”, THE CRITERIA FOR GRANTING THE VARIANCE HAVE BEEN MET.
Facts supporting the answer to each question above are hereby certified to be the Findings of the Board of Adjustment. This is in accordance with Section 1103 of the Lake of the Woods County Zoning Ordinance.
APPROVED ( ) APPROVED w/ CONDITIONS (X) DENIED ( ) Motion to approve by Marhula, seconded by Nordlof. All in favor.
– Consideration of Variance #26-04V by George and Judy Risser etal.: The SW¼NW¼; less deeded, and a 185’x 300’ tract of land lying in the SW¼NW¼, all within Section Twenty-nine (29), Township One Hundred Sixty-eight (168) North, Range Thirty-four (34) West – Parcel ID #’s 02.29.23.020 and
02.29.22.000. Applicant is requesting a variance from Section 501.1 of the Lake of the Woods County Zoning Ordinance to allow the reconfiguration of property lines that will result in a lot that will be less than the required five (5) acre minimum lot size. This portion of the property is considered non-shoreland and is zoned as a Rural Residential District (R2).
Jack Goulet was representing George, Judy, Wendy and Roxanne Risser and discussed their plans for breaking off the golf course property to be sold. The clubhouse and post office would remain with the golf course and the home would be a standalone parcel. The group then moved on to the findings of fact.
Name of Applicant: George and Judy Risser etal Date: July 1, 2026
Parcel #: 02.29.23.020 and 02.29.22.000
Variance Application #:
26-04V
A variance may be granted only where the strict enforcement of county zoning controls will result in a practical difficulty. A determination that a “practical difficulty” exists is based upon consideration of the following criteria:
4. Is the variance in harmony with the general purpose and intent of the Lake of the Woods County Comprehensive Plan and Zoning Ordinance?
YES (X) NO ( ) and Why or why not? No change, except lot lines.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control?
YES (X) NO ( ) and Why or why not? Residential, no change.
9. Is the practical difficulty due to circumstances unique to this property?
YES (X) NO ( ) and Why or why not? Previous lot line description. Non-shoreland lot size have increased.
10. Is the need for the variance created by actions other than the landowner? YES (X) NO ( ) and Why or why not? Clean up private property lot lines.
5. Will granting the variance not alter the essential character of the locality? YES (X) NO ( ) and Why or why not? No change.
6. Does the practical difficulty involve more than economic considerations? YES (X) NO ( ) and Why or why not? Clean up property lot lines.
Condition(s):
1. Property must be surveyed as a condition of the approved variance.
IF ALL OF THE ANSWERS ARE “YES”, THE CRITERIA FOR GRANTING THE VARIANCE HAVE BEEN MET.
Facts supporting the answer to each question above are hereby certified to be the Findings of the Board of Adjustment. This is in accordance with Section 1103 of the Lake of the Woods County Zoning Ordinance.
APPROVED ( ) APPROVED w/ CONDITIONS (X) DENIED ( ) Motion to approve by Mio, seconded by Nelson. All in favor.
With no further business, Mio motioned to close the Board of Adjustment, second by Nelson. All in favor. Motion by Marhula to open the Planning Commission, second by Johnson. All in favor.
Planning Commission – New Business
– Consideration of Conditional Use Permit #26-02CU by Geoffrey and Allison Slick: A .78-acre tract in Government Lot 1, Section Twelve (12), Township One Hundred Sixty-one (161) North, Range Thirty-two (32) West – Parcel ID # 23.12.14.040. Applicant is requesting a Conditional Use Permit to allow the movement of more than ten (10) yards of material within the shore impact zone of the Rainy River to re-slope the bank to minimize sloughing and future erosion. The Rainy River is an Agricultural River Segment.
Geoffrey Slick was present and discussed plans to stabilize sloughing and erosion of the shoreline. Josh mentioned correspondence from the interim area Hydrologist noting to stay above the Ordinary High Water Line (OHWL) of 1062.1’. The group then moved on to the findings of fact.
Name of Applicant: Geoffrey and Allison Slick Date: July 1, 2026
Location/Legal Description: A .78-acre tract in Government Lot 1, Section Twelve (12), Township One Hundred Sixty-one (161) North, Range Thirty-two (32) West Parcel Number: 23.12.14.040
Project Proposal: Applicant is requesting a Conditional Use Permit to allow the movement of more than ten (10) yards of material within the shore impact zone of the Rainy River to re-slope the bank to minimize sloughing and future erosion. The Rainy River is an Agricultural River Segment.
1) Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan?
YES (X) NO ( ) N/A ( )
Why or why not? Better access to public waters. Within growth corridor.
2) Is the project proposal consistent with maintaining the public health, safety, and welfare? YES ( ) NO ( ) N/A (X)
Why or why not?
3) Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading? YES (X) NO ( ) N/A ( ) Why or why not? Provent erosion.
4) Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover? YES ( ) NO (X) N/A ( ) Why or why not? Prevent erosion and correct the problem.
5) Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES ( ) NO ( ) N/A (X) Why or why not?
6) Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES (X) NO ( ) N/A ( )
Why or why not? Reshaped and reseeded.
7) Is the site in harmony with existing and proposed access roads? YES ( ) NO ( ) N/A (X) Why or why not?
8) Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( )
Why or why not? No change.
9) Does the project proposal have a reasonable need to be in a shoreland location? YES (X) NO ( ) N/A ( ) Why or why not? Existing location. Rainy River.
10) Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES ( ) NO ( ) N/A (X) Why or why not?
11) Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance? YES ( ) NO ( ) N/A (X) Why or why not?
12) Is the site adequate for water supply and on-site sewage treatment systems? YES ( ) NO ( ) N/A (X)
Why or why not?
13) Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES ( ) NO ( ) N/A (X) Why or why not?
14) If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES ( ) NO ( ) N/A (X) Why or why not?
15) Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?
YES ( ) NO ( ) N/A (X) Why or why not?
16) If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? YES ( ) NO ( ) N/A (X) Why or why not?
17) If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES ( ) NO ( ) N/A (X)
Why or why not?
The specific conditions of approval are as follows:
1. Stay above 1062.1’ ordinary high-water mark.
The Lake of the Woods County Planning Commission hereby recommends to the Lake of the Woods County Board of Commissioners that this proposal be:
Approved as Presented ( ) Approved with Conditions (X) Denied ( )
Motion to recommend approval with conditions to the Board of Commissioners by Nelson, seconded by Johnson. All in favor. Abstaining was Horntvedt and Mio.
July 1, 2026 ___________________________________ Date Ken Horntvedt Chair, Planning Commission This is in accordance with the Lake of the Woods County Zoning Ordinance.
With no further business before the Planning Commission, Mio made a motion to adjourn, seconded by Nelson. All in favor. Meeting adjourned at 7:55 PM.
